Facts
The petitioner sought a mandamus directing the revenue authorities to remove alleged encroachments by private respondents from land in Old Survey No. 345/24 and New Survey No. 466/24, measuring 0.64.5 ares (1 acre and 59 cents), at Villachery Village, Madurai West Taluk.
Source reference: p.6The State submitted that, on verification of the revenue records, the land was classified as “Grama Natham,” not Government Poramboke.
Source reference: p.7, para. 2Issues
1. Whether the authorities could be directed to remove the alleged encroachments when the land was classified as Grama Natham rather than Government Poramboke
Source reference: p.7, paras. 2–32. Whether the petitioner was entitled to a writ of mandamus for removal of the alleged encroachments
Source reference: p.6; p.8, para. 4Law Applied
The Court relied on the Larger Bench decision in Kannan @ Kamatchi (Died) v. The District Collector, Dindigul District, W.P.(MD) Nos. 19720 of 2017 etc., decided 6 March 2026.
Source reference: p.7, para. 3As stated by the Court, where land is classified as Natham land, the Government is not its owner and has no authority to remove encroachments from it.
Source reference: p.7, para. 3No statute was cited in the order.
Source reference: no citationReasoning
The State’s submission that the land was recorded as Grama Natham, rather than Government Poramboke, brought the case within the principle stated in the Larger Bench decision.
Source reference: p.7, paras. 2–3Since the Government was not the owner of Natham land and lacked authority to remove encroachments from it, the Court declined to direct the respondents to remove the alleged encroachments.
Source reference: p.7, paras. 2–3; p.8, para. 4Holding
The Court dismissed the writ petition and left the petitioner at liberty to pursue his remedy in the manner known to law.
No costs were awarded.
Source reference: p.8, para. 4Original Court PDF
Abdul SalamvsThe District Collector,
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
